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May 4, 2023
Question

Taxes on an apartment gifted to my mom who is a foreign citizen

  • May 4, 2023
  • 1 reply
  • 0 views

Hello!

Will I have to pay any taxes in the US if I give my apartment located in a different country as a gift to my mom also a resident of the same country? 

1 reply

Employee
May 4, 2023

If you are a US person subject to US tax law (that means a citizen, green card holder, or resident alien who passes the substantial presence test) then you must report gifts of more than $16,000 per year per person using form 709.  However, no gift tax is actually owed unless your total lifetime gifts is more than $12 million.  Form 709 is used to track your large gifts against your lifetime total.

 

Form 709 has the same deadline as a regular tax return (April 15) but is filed separately from your tax return.  Turbotax does not prepare this form, you will have to do it yourself.

https://www.irs.gov/forms-pubs/about-form-709